Section 504-26-403 - Conduct board hearings (full adjudications)(1) Conduct board hearings are used in matters in which the respondent faces possible sanctions of suspension for more than 10 instructional days, expulsion, or revocation of degree and matters in which a recognized or registered student organization faces possible loss of recognition. In addition, conduct board hearings are generally used to adjudicate matters in which the respondent faces allegations of sexual misconduct, as that term is defined in WAC 504-26-221. Other matters may be referred to a conduct board at the discretion of CCS.(2) Adoption of model rules of procedure. Conduct board hearings are full adjudications governed by the Administrative Procedure Act, RCW 34.05.413 through 34.05.476, and chapter 10-08 WAC, Model rules of procedure, except as otherwise provided in this chapter. In the event of a conflict between the rules in this chapter and the model rules, this chapter governs.(3) Notice of hearing. Notice to the parties of a conduct board hearing must comply with model rule WAC 10-08-040 and standards of conduct rule WAC 504-26-035. In addition, information regarding the student conduct process and student rights, as required by WAC 504-26-401 must be provided.(4) Time for conduct board hearings. The conduct board hearing is scheduled not less than seven calendar days after the parties have been sent notice of the hearing. In accordance with WAC 10-08-090, requests to extend the time and/or date for hearing must be addressed to the presiding officer. A request for extension of time is granted only upon a showing of good cause.
(5) Subpoenas. Subpoenas may be issued and enforced in accordance with model rule WAC 10-08-120. In determining whether to issue, quash, or modify a subpoena, the presiding officer must give due consideration to state and federal legal requirements including, but not limited to, Title IX, its implementing regulations, and guidance issued by the federal Office for Civil Rights. The party requesting the subpoena has the burden of showing that a subpoena is necessary for full disclosure of all the relevant facts and issues.(6) Discovery. Depositions, interrogatories, and physical or medical examinations of parties are not permitted in adjudications of student conduct matters. Other forms of discovery may be permitted at the discretion of the presiding officer; however, discovery should be limited to help ensure the prompt completion of the adjudication process.(7) Cross-examination. As required by RCW 34.05.449, cross-examination of witnesses is permitted to the extent necessary for full disclosure of all relevant facts and issues. Cross-examination is conducted orally through the party's advisor or representative. If a party does not have an advisor or representative, an advisor is provided by the university free of charge to conduct cross-examination on that party's behalf. Advisors and representatives are required to engage in cross-examination questioning in a respectful manner. In no circumstance may the complainant or respondent be permitted to cross-examine each other directly. Before any witness or party may answer a cross-examination question, the presiding officer must first determine whether the question is relevant. The presiding officer must instruct parties or witnesses not to answer cross-examination questions that are irrelevant, immaterial, or unduly repetitious.(8) Decision requirements. Decisions regarding responsibility and sanctions are made by a majority of the conduct board hearing the matter.(9) Notice of decision and right to appeal. Within 10 calendar days of the completion of the hearing, the conduct board must issue a decision simultaneously to all parties, which is the initial order of the university and must contain the following: (a) Description of the allegations that initiated the community standards process;(b) Description of procedural steps taken from the receipt of the formal complaint up to and including the university conduct board hearing;(c) Appropriately numbered findings of fact and conclusions;(d) The sanction(s) and/or remedy(ies) to be assigned, if any, and the rationale for the sanction(s) and/or remedy(ies);(e) Information regarding the parties' right to appeal according to WAC 504-26-420, including the time frame for seeking review; and(f) Notice that the initial order becomes final unless an appeal is filed within 20 calendar days of the date the initial order is sent to the parties.Wash. Admin. Code § 504-26-403
Amended by WSR 15-01-080, Filed 12/15/2014, effective 1/15/2015Amended by WSR 15-11-041, Filed 5/14/2015, effective 6/14/2015Amended by WSR 16-08-014, Filed 3/28/2016, effective 4/28/2016Amended by WSR 18-23-083, Filed 11/19/2018, effective 12/20/2018Amended by WSR 21-07-057, Filed 3/15/2021, effective 4/15/2021Amended by WSR 22-23-142, Filed 11/21/2022, effective 1/1/2023Statutory Authority: RCW 28B.30.150. 11-11-031, § 504-26-403, filed 5/11/11, effective 6/11/11; 08-05-001, § 504-26-403, filed 2/6/08, effective 3/8/08; 06-23-159, § 504-26-403, filed 11/22/06, effective 12/23/06.